HOUSE OF REPRESENTATIVES |
H.B. NO. |
1971 |
THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to jurisdiction.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 604-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Except as otherwise provided, the district courts shall have
jurisdiction in all civil actions where the debt, amount, damages, or value of
the property claimed does not exceed [$40,000,] $100,000, except
in civil actions involving summary possession or ejectment, in which case the
district court shall have jurisdiction over any counterclaim otherwise properly
brought by any defendant in the action if the counterclaim arises out of and
refers to the land or premises the possession of which is being sought,
regardless of the value of the debt, amount, damages, or property claim
contained in the counterclaim. Attorney's
commissions or fees, including those stipulated in any note or contract sued on,
interest, and costs, shall not be included in computing the jurisdictional
amount. Subject to subsections (b) and
(c), jurisdiction under this subsection shall be exclusive when the amount in
controversy, so computed, does not exceed $10,000. The district courts shall also have original
jurisdiction of suits for specific performance when the fair market value of
such specific performance does not exceed $20,000 and original jurisdiction to
issue injunctive relief in residential landlord-tenant cases under chapter 521."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2020.
INTRODUCED BY: |
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Report Title:
Civil Jurisdiction;
District Courts; Amount in Controversy
Description:
Raises from
$40,000 to $100,000 the amount at issue in civil actions for purposes of limiting
district court jurisdiction.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.